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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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When I was a home care worker, I was so appalled at the firm's

Resolved Question:

When I was a home care worker, I was so appalled at the firm's treatment of staff that I secretly filmed my meeting with the home care manager.
There is to be a new investigation into home care companies and I want to show the video to some councillors in my ward who are responsible for adult social care.
I have just put the film on YouTube as an unlisted video. (It can only be found by those who know the link.) What kind of trouble could I get in by doing this?
I don't mind being sued in the region of a few thousand pounds (might make an interesting media story). But not more than that.
Here is the link the video: http://youtu.be/RNpaBXZZNIg
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. When was the recording made?

Customer:

February 2013

taratill :

Did you raise the issue of care while you were still employed?

Customer:

Yes. I was still employed at the time when I made the film.

taratill :

and was the employer aware you made this video?

Customer:

No.

taratill :

why do you want to publish it now?

Customer:

There's still a scandal of home care workers being underpaid. Only this month the union UNITE got a petition organised which resulted in plans for a new investigation.

Customer:

That should be: the union UNISON who sent me this email:

"UNISON asked Jo Swinson MP from the Department for Business, Industry and Skills why the widespread illegal under-payment of care workers was not being investigated, and we told her that you and over 13,000 others care about this and had signed the petition."
This week it was announced that the Department of Health and the Department for Business, Industry and Skills are going to investigate six of the biggest social care providers.
This is huge news as it will make a difference to the lives of hundreds of thousands of care workers, and improve the care of hundreds of thousands of vulnerable people across the country.

taratill :

how does the video support this, was it about pay?

Customer:

The video highlights multiple ways in which home care workers were providing unpaid hours, or hours where they were effectively paid below the minimum wage.

Customer:

For example, home care workers were not paid for the time taken to travel between clients, which could amount to several hours a day.

Customer:

They were only paid 20p per mile for fuel, which does not cover fuel expenses + wear and tear on the car.

Customer:

They had to drive to an office to hand in time sheets - time taken to do this and fuel unpaid.

Customer:

Care workers sometimes had to visit one client, then pull over and wait in the car for 40 minutes, then visit the next client. The 40 minutes wait was unpaid.

taratill :

is the union aware of the existence of the video?

Customer:

Yes.

taratill :

I do not think that the employer can take action against you if the video is an accurate and truthful recording. Defamation can only occur if a statement is made which is untrue. It may be better to make the employer aware you have this video and intend to show it to allow them to comment on it, I would be led by the union on this as presumably they will want you to 'use' it to promote their agenda.

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